BILL ANALYSIS
SB 580
Page 1
SENATE THIRD READING
SB 580 (Lewis)
As Amended August 21, 2000
Majority vote
SENATE VOTE :39-0
PUBLIC SAFETY 7-0 APPROPRIATIONS 21-0
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|Ayes:|Washington, Cunneen, |Ayes:|Migden, Campbell, |
| |Battin, Cedillo, Aroner, | |Ackerman, Alquist, |
| |Keeley, Romero | |Aroner, Ashburn, Brewer, |
| | | |Cedillo, Corbett, Davis, |
| | | |Kuehl, Maldonado, Papan, |
| | | |Romero, Runner, Shelley, |
| | | |Thomson, Wesson, Wiggins, |
| | | |Wright, Zettel |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires that victims of stalking or felony domestic
violence be notified of any change in the parole status or
location of the convicted person, or if the convicted person
absconds from local supervision, and requires correctional
authorities make reasonable attempts to locate a person who has
requested notification but for whom a current address is not
available. Specifically, this bill :
1)Requires the California Department of Corrections (CDC), county
sheriff, or director of the local department of corrections to
notify a victim of stalking or a felony offense involving
domestic violence of any change in the parole status or parole
location of the person convicted, or if the convicted person
absconds from supervision.
2)Requires the county sheriff or chief of police to make all
reasonable attempts to locate a person who has requested
notification but whose address and telephone number are
incorrect or not current.
3)Provides that an inmate released on parole for an offense
involving stalking shall not be returned to a location within 35
miles of the victim's actual residence or place of employment if
the victim or witness has requested additional distance in the
placement of the inmate on parole, and there is a finding that
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there is a need to protect the life, safety, or well-being of
the victim.
4)Requires CDC to notify by mail at least 45 days prior to the
scheduled release date of any person convicted of stalking, the
county sheriff, chief of police and district attorney in the
jurisdiction where the person was convicted or scheduled to be
released.
EXISTING LAW :
1)Requires CDC, county sheriff, or director of the local
department of corrections to give notice not less than 15 days
prior to the release from the state prison or a county jail of
any person convicted of stalking or a felony offense involving
domestic violence.
2)States that a victim, family member or witness shall keep CDC or
county sheriff informed of his or her current mailing address
and telephone number to be entitled to receive notice. A victim
may designate another person another person for the person for
receiving notification. However, the duty to keep CDC or county
jail informed of a current mailing address and telephone number
shall remain with the victim.
3)Provides that if a victim or witness so requests, CDC shall not
return an inmate released on parole who committed a violent
felony to a location within 35 miles of the actual residence of
a victim or witness.
4)Requires CDC or the Board of Prison Terms, within 45 days of the
scheduled release of a person convicted of a violent felony, to
notify the sheriff, chief of police, or both, and the district
attorney in the jurisdiction where the person is scheduled to be
paroled.
5)Provides that the sheriff or the chief of police when notified
as to the pending release of a violent felon may notify an
appropriate person of a pending release.
6)Requires CDC to send a notice to a victim or witness who has
requested notification that a person convicted of a violent
felony is scheduled to be released.
7)Provides that CDC shall notify local law enforcement of the fact
that a paroled inmate is going to be released in its
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jurisdiction.
FISCAL EFFECT : According to the Assembly Appropriations Committee
analysis:
1)Annual General Fund costs of less than $150,000 to CDC to make
additional efforts to contact victims, and minor costs to avoid
paroling additional inmates within 35 miles of a victim, which
is generally department practice in these cases.
2)Reimbursable costs, likely less than $150,000, to local law
enforcement authorities to make additional efforts to contact
victims.
COMMENTS : According to the author, "The CDC tracks an inmate
based upon the most serious crime for which the inmate was
convicted - and stalking is rarely the most serious crime for
which an inmate is incarcerated. There are provisions in law
which are helpful in protecting victims of domestic violence,
including stalking, if it is part of a domestic violence profile,
but not stalking in general.
"SB 580 will protect victims from stalking associated not only
with domestic violence, but also stalking by disgruntled
employees, obsessed strangers, celebrity fanatics, etc. It will
require better tracking of stalkers regardless of other crimes for
which they may be serving time concurrently, better notification
of stalking victims (who are more likely to be repeat victims of
the same perpetrator more than most crime victims), and conditions
of parole to keep convicted stalkers who have been released from
custody away from their former victims."
Please see the policy committee analysis for a more comprehensive
discussion of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744
FN: 0005775